[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-1993 by Ord. No. 760 (Ch. 10, Part 5, of the 1993 Code
of Ordinances)]
A.
LESSEE
NUISANCE
OWNER
PERSON
PORT-O-JOHN
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
A portable or mobile toilet or any partially or fully enclosed
structure used for facilitating or aiding in disposing of human waste
that is not connected to plumbing or in-ground lines, including but
not limited to a septic tank, and/or that is completely self-contained.
[Added 7-14-2020 by Ord.
No. 1029]
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to store or maintain abandoned,
unused, stripped, damaged and generally unusable appliances, machinery
or equipment, or construction materials in the open on private property.
Such storage shall constitute a nuisance and/or health hazard if any
of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Containers which are conducive to the harboring and growth of vermin
or animals.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt, or fall from
its original storage position.
D.
Containers of any liquid or material of a hazardous or potentially
hazardous nature, including, but not limited to, gasoline, oil, battery
acids, refrigeration agents, and poisons.
E.
Refrigerators with the doors remaining attached.
F.
Any other condition which shall threaten the health, safety or welfare
of the citizens.
G.
It shall
be unlawful for any person to maintain a port-o-john outside of their
premises in a continual or permanent manner, and port-o-johns are
only permissible on a temporary basis with good and reasonable cause
shown, upon the discretion of the Commissioners of Stowe Township.
An example of good or reasonable cause would be if there is an emergency
plumbing situation at the person's personal residence wherein the
toilets or indoor plumbing are inoperable on a temporary basis and/or
indoor toilet(s) or indoor plumbing lines are being temporarily repaired,
or upon new construction or renovation, but in no manner does this
example intended to grant or provide that port-o-johns can be maintained
on a long-term, continual, or permanent basis, and any port-o-johns
at new construction or renovated properties are able to be in violation
of this chapter if they are being used on a long-term, continual,
and/or permanent basis.
[Added 7-14-2020 by Ord.
No. 1029]
A.
Storage of such items as listed in § 429-2 hereof on private property shall be permitted only in strict compliance with the regulations provided herein, or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 429-2 shall apply for a permit for either temporary or permanent storage and pay a fee as established, from time to time, by resolution of the Board of Commissioners. Such nuisance(s) must be stored within a garage or other enclosed building or, outside, within an opaque fence at least six feet high which is locked at all times when unattended.
B.
With the special approval of the Board of Commissioners, nuisances
may also be stored outside in an area enclosed by a chain link fence
at least six feet high, screened by shrubbery around the perimeter
to the height of the fence, with an unobstructed gate capable of admitting
fire or emergency equipment. Such gate shall remain locked at all
times when unattended. In addition, the appliances, machinery, equipment,
or construction materials shall be kept free of vermin infestation
while being stored, and all gas, oil or other potentially hazardous
substances shall be removed. The total area of storage of such nuisances
may not exceed 100 square feet.
A.
The Zoning Officer is hereby empowered to inspect private property
on which appliances, machinery, equipment, and/or various construction
materials are stored to determine if there is compliance with the
provisions of this article. If noncompliance with the provisions of
this article constitutes a nuisance, or if any condition, structure,
or improvement poses a danger to the health, safety, or welfare of
the public, he shall issue a written notice to be served by registered
or certified mail upon the owner of said premises or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice and, thereafter, to fully
comply with the requirements of the notice within a reasonable time.
If the owner of property on which appliances, machinery, equipment,
and/or construction materials are stored does not comply with the
notice to abate the nuisance within the time limit prescribed, the
Township shall have the authority to take measures to correct the
conditions and collect the cost of such corrections, plus 10% of all
costs. The Township, in such event and pursuant to its statutory or
otherwise authorized police powers, shall have the right and power
to enter upon the offending premises to accomplish the foregoing.
A.
Any person aggrieved by the decision of the Zoning Officer may request
and shall then be granted a hearing before the Board of Commissioners,
provided he files with the Board of Commissioners, within 10 days
after notice of the Zoning Officer's decision, a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor. The hearing shall commence not later than 30 days
after the date on which the petition was filed unless postponed for
sufficient cause.
B.
After such hearing, the Board of Commissioners shall sustain, modify
or overrule the action of the Zoning Officer.
[Amended 1-7-2002 by Ord.
No. 843]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, plus costs, and, in default of payment of said fine and costs,
to undergo imprisonment for a term not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Board of Commissioners.
[Adopted 6-14-2011 by Ord. No. 945]
The Neighborhood Blight Reclamation and Revitalization Act,
Subchapter A, Sections 6101 to 6103; Subchapter B, Sections 6111 to
6114; Subchapter C, Section 6131; and Subchapter D, Sections 6141
to 6145,[1] be and are hereby adopted by the Board of Commissioners
of the Township of Stowe for the purpose of regulating, governing
and safeguarding of life and property from deteriorated properties
as result of neglect by their owners and, furthermore, regulating
deteriorated properties that create public nuisances which have an
impact on crime and the quality of life of the residents of the Township;
and each and all of the regulations, provisions, conditions and terms
of the Neighborhood Blight Reclamation and Revitalization Act hereby
referred to are adopted and made a part hereof as if fully set forth
in this section, and as attached hereto and marked as Exhibit "A."
[1]
Editor's Note: See 53 Pa.C.S.A. §§ 6101 to
6103, 6111 to 6114, 6131, and 6141 to 6145, respectively.
